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(영문) 울산지방법원 2020.08.20 2019가단109109

정산금

Text

1. The Defendant’s KRW 40,447,844 as well as its annual 6% from May 30, 2019 to August 20, 2020, respectively, to the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff was delegated by the Defendant with the sale of seven units of the building Nam-gu, Ulsan-gu (hereinafter “instant real estate”) among the seven units of the building (hereinafter “instant units”).

With the efforts of the plaintiff, the sale of four rooms (D, G, H, and F) has been completed.

The Defendant promised to pay to the Plaintiff 50% of the remaining balance after deducting the expense of the Plaintiff and the Defendant from the proceeds from the sale of the said four rooms.

The Defendant promised to pay the Plaintiff advertising expenses, real estate MGM, and office operating expenses, which are expenses incurred by the Plaintiff.

(2) The Plaintiff completed the sale of four houses among the instant real estate from April 2015 to October 2015.

Since the above 4,031,869 won [69,950,000 won - 21,265,000 won - 3,151,261,261 won for the defendant's expenses, the defendant is obligated to pay to the plaintiff 4,031,869 won [69,950,00 won - 21,265,000 won - 3,151,261 won] ¡À21,265,00 won for the plaintiff's expenses].

B. The plaintiff and the defendant asserted that eight houses among the real estate of this case were jointly sold and the defendant divided 50% of the profits from deducting each expense.

The number of rooms sold by the plaintiff and the defendant with joint efforts is three from among the real estate of this case: D, H, and F.

The defendant shall not have made payment of expenses incurred by the plaintiff in the course of selling in lots.

The defendant has not received the fees for the nursing rooms, the sale of which has been completed by I, and the plaintiff may be paid the proceeds.

2. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each of the statements in Gap evidence Nos. 3 to 37 (including paper numbers):

Therefore, the defendant shall pay to the plaintiff KRW 40,447,84 [ [10,319,311 won - 21,265,00 won] ± 21,265,000] and the following day after the delivery of a copy of the complaint in this case. < Amended by Act No. 1495, May 2, 2019>